USERS AGREEMENT (form IC-52)

BEFORE USING OUR SERVICES, OR PURCHASING OUR PRODUCTS, OR ADVERTISING ON OUR SITE, PLEASE READ ALL OF THIS AGREEMENT CAREFULLY. USERS BY USE OF THIS WEB SITE, OR REGISTERED USERS BY SETTING UP AN ACCOUNT ONLINE, OR BY OFFLINE WRITTEN AND SIGNED ADVERTISING AGREEMENTS BETWEEN US, OR BY SIGNING AND EITHER FAXING, EMAILING OR MAILING THIS AGREEMENT IN ITS ENTIRETY TO US, YOU ACCEPT THESE TERMS AND CONDITIONS.
IF YOU DO NOT AGREE TO THESE TERMS AND CONDITIONS, YOU MUST NOT USE OUR SITE. WE DO NOT SELL OR SHIP TO, OR ADVERTISE FOR ANYONE OUTSIDE OF THE UNITED STATES OF AMERICA.

THIS AGREEMENT DESCRIBES THE TERMS AND CONDITIONS ON WHICH ITsCARDS.COM (TM), WHOSE COMPANY NAME IS ACREY ART (TM), AND WHOSE OWNER IS LINDA ACREY, HEREIN REFERRED TO AS “ACREY ART”, “ITSCARDS.COM”, “COMPANY”, “US”, “WE”, “OUR”, “OUR SITE”, OFFERS YOU, HEREIN REFERRED TO AS “YOU”, “YOUR”, “USER(S)”, “MEMBER(S)”, “REGISTERED USER”, “BUYER(S)”, “ADVERTISER(S)” ACCESS TO ITS SERVICES. AMONG OTHER THINGS, THE AGREEMENT DESCRIBES YOUR RESPONSIBILITIES AND LIMITS AND OUR LIABILITY.

WE reserve the right, at OUR sole discretion, to amend or revise this Agreement at any time by posting the amended or revised terms on OUR SITE. The amended or revised terms shall automatically be effective, and you agree to be bound by the Agreement as amended or revised immediately after the amended or revised terms are initially posted on OUR SITE. This Agreement may not be otherwise amended or revised except in writing signed by both parties. This Agreement, in its current form, was posted July 2007.

1. SERVICES AND FEES:

1. A. WE provide a service for fees, and offers products for sale.

1. B. WE are a web site for buyers to buy products, and for businesses to advertise themselves through display ads.

1. C. WE may notify our network of users and registered members of upcoming specials and new produces, etc. and of other events and announcements and opportunities as they arise.

1. D. A Fees Chart is posted in our Information and/or pricing Sections.

1. E. Prices and Fees are subject to change without notice.

1. F. Current Services offered are listed in the Information and Pricing sections on the site.

1. G. WE reserve the right to add or delete sections, products and services.

2. USERS AND REGISTERED USERS:

2. A. OUR PRODUCTS AND services are available only to United States OF AMERICA legal residents who can form legally binding contracts. PRODUCTS AND Services are not available to persons under the age of 18. If you do not qualify, do not use OUR services OR ATTEMPT TO PURCHASE OUR PRODUCTS. By using OUR services, you are representing that you are a U.S.a. legal resident and can form legally binding contracts. WE, at OUR sole discretion, may refuse or discontinue OUR services to anyone at any timE. WE DO NOT SELL TO OR ADVERTISE FOR ANYONE OUTSIDE OF THE UNITED STATES OF AMERICA.
2. B. USERS: Users are anyone who visits our site. Use of the web site signifies your agreement to OUR terms of this Users Agreement. If you do not agree with these terms then DO NOT USE THIS SITE.

2. C. REGISTERED USER: To shop and purchase products on OUR SITE you must become a Registered User, you must first set up an account online by truthfully complete all of the information asked for while submitting an online Registered Users Application, including, but not limited to; your real and legal name, valid address, phone number and email address; and in regard to advertising; your legal business name, valid physical and mailing business addresses, business phone and fax numbers and email address. If purchasing items on the site, you must also provide information concerning your valid MasterCard or VISA credit card information. You agree to update all information promptly in order to keep it current, complete and accurate. We only accept online payments for our products and services via MasterCard or Visa credit cards.

2. D. By becoming a Registered User, you are authorized to use OUR SITE solely for your own use, and you agree not to act on behalf of a third party or to allow a third party to have access to your password in order to access your account and or to purchase items or services or for any other purpose.

2. E. Registration is a privilege granted to you solely by US. This site is not for everyone. Applications may or may not be accepted. Concerning advertisers, WE preview materials prior to displaying them on the site. All advertising ads are subject to approval. If accepted, your advertisement may be displayed on the site for fees.

2. F. This is a privately owned business and WE have the final say in everything regarding this site including, but not limited to, any ads shown, content, policies, disputes and or disagreements arising out of the use or attempted use of the site. If you do not agree with OUR terms and or policies then do not use the site. All decisions made by US regarding anything pertaining to use or attempted use of the site are final. WE reserve the right TO REFUSE service OR SELL PRODUCTS to anyone.

2. F. Registered Members using the site who conduct their business or themselves in a manner that negatively reflects on US or OUR affiliates, owner, officers, directors, employees or representatives, the site, advertisers, or other members, in any manner what-so-ever and as determined by US, will be removed without recourse or refund.

3. PRODUCTS AND SERVICES ADVERTISED AND/OR LISTED FOR SALE:

3. A. OUR SITE advertises and sells Acrey Art Specialty Note Cards and Postcards and optional mailing service and WE sell advertising space in the form of web ads for other businesses.

3. B. WE have no control over, or affiliation with, or endorsement of, anything pertaining to the quality or safety or legality of the product or services being offered by our advertisers, their business practices, or to the truth or accuracy of their listings, products, services and/or of the business or their descriptions and disclosures or the ability of Advertisers to sell items or the ability of Buyers to buy their items or services and to anything pertaining or their links and web sites.

4. NOT PERMITTED ON THE SITE:

4. A. Anything pertaining to Nudity, adult material, tattoo’s, profanity, pornography, sexually implied

and/or explicit, deviant, demonic or satanic, drug, narcotic, fraudulent, terrorist, anti-American related material is prohibited. WE SOLELY reserve the right to determine if an item OR ADVERTISEMENT is suitable for the site. No item OR ADVERTISEMENT WILL BE placed online without pre-approval by US.

4. B. WE reserve the right to refuse or accept any product or service for advertisement. All decisions by US are final.

5. STORE ITEMS:

5. A. WE offer items and services for sale in the main Store.

5. B. All items purchased on OUR SITE are in an “AS IS” condition and “in its present physical condition” and WITHOUT WARRANTY unless otherwise expressly stated in writing in the description.

6. SHIPPING:

6. A. Buyer pays shipping on all Products unless otherwise noted in the detail section of each item. See each items description for details and/or customer service check out. WE ship to the U.S.A. ONLY.

6. B. Shipping Damage

6. B. 1. On orders where you paid for shipping: if your product is damaged during shipping, please contact the shipping carrier for required procedures. Since we have no control of the product once it is shipped we encourage you to obtain shipping insurance. We are not responsible for shipping damaged on your orders if you do not purchase shipping insurance.

6. B. 2. If we provide FREE shipping: if your product is damaged during shipping, we will replace the damaged item or refund you purchase price with the decision being at our sole discretion. You must first send an e-mail or letter via regular mail stating the problem with the shipping/product in order to obtain an exchange return number. Product that is returned without an exchange return number enclosed will not be replaced under any circumstances. After issuing you an exchange return number, we will promptly exchange your damaged product.

7. REFUNDS and RETURNS:

7. A. Since most of our products are custom ordered and are print-on-demand, there are no refunds and all sales are final.

7. B. Damaged or Defective Product. If by chance you should receive a damaged or defective product, Acrey Art will exchange the defective product free of charge within thirty days of purchase. Before returning a damaged or defective product, you must first contact US by e-mail or a written letter via regular mail stating the problem with the product. Determination of the validity of the claim is at OUR discretion. If approved, you will be issued an exchange return number. Product that is returned without an exchange return number will not be replaced under any circumstances. After issuing you an exchange return number, we will contact you with instructions and we will promptly exchange your damaged product.

8. BUYING:

8. A. Buyers must be a Registered User.

8. B. As a buyer, you choose the item from the main STORE that you wish to purchase online. You will automatically be bound to consummate the transaction with the US. According to the method of online payment that you choose as you purchase an item on OUR SITE, you will have a choice of payment by MasterCard, Visa. You will be charged for the product or service you have agreed to purchase in an amount equal to the price posted on OUR SITE plus applicable sales tax and shipping.

8. C. Notice of Cancellation: You have three business days to cancel an order in excess of $25.00. You may CANCEL a transaction, without penalty or obligation, within THREE BUSINESS DAYS from the date of your order. If you cancel, any property traded in, any payments made by you under the contract of sale, and any negotiable instrument executed by you will be returned within SEVEN BUSINESS DAYS following receipt by US of your cancellation notice, and any security interest arising out of the transaction will be canceled. In the unlikely hood that you have received the product within the THREE BUSINESS DAYS, if you cancel you must make it available to US by mailing back, in substantially as good as condition as when received, any product you have received and by using the same mail provider as received at your expense. If you fail to make the goods available to the US, or if you agree to return the goods to US and fail to do so, then you remain liable for the performance of all obligations.

8. D. You may not change an order once you have authorized it.

8. E. Any abuse of this system is grounds for fines and expulsion without refund.

8. F. Buyers must have a credit card in order to purchase and all payments must clear before the product purchased will be shipped or before any service will be performed.

8. G. On items where Free Shipping is offered, we use standard USPS mailing. Buyers have the option of upgrading the shipping service by paying an additional fee for 2nd Day Air or Postal Priority Mail by so indicating when placing an order, or by contacting US. Buyer agrees to pay these extra shipping costs if they request them.

8. H. Buyer understands that WE are NOT a party to any offline purchase of any goods or services shown or advertised on this site. Buyers beware. WE will NOT be held liable for offline sales and/or transactions, etc. with our advertisers.

8. I. With respect to persons who attempt to commit fraud or otherwise misuse OUR site, products and/or services, you further agree that WE, in addition to all other remedies available to it, may charge your credit card or your account a service fee of up to $1000. You agree to pay this service fee if incurred.

9. REPRESENTATIONS OF THE BUYER: Buyer understand, represents and agree that he or she:

9. A. understands and will abide by the terms of this Agreement; and

9. B. will maintain the confidentiality of his or her user name and password; and

9. C. intends to purchase the product chosen; and

9. D. has adequate funds available under the valid, un-expired MasterCard or Visa credit card; and

9. E. will not engage in any fraudulent, speculative, deceptive or manipulative act or practice, including, but not limited to, purchasing in bad faith, or otherwise misuse the OUR SITE or OUR services in any manner whatsoever; and

9. F. has the legal right to use the materials submitted, including, but not limited to, images, artwork, design, text; and

9. G. has obtained the proper copyrights and or copyright license to use for the materials submitted; and

9. H. understands that any abuse of this system is grounds for expulsion without refund; and

9. I. has sole responsibility for verifying that the product meets his or her satisfaction; and

9. J. that WE have no control over the manufactured materials used for its products, including, but not limited to, the paper, inks or dyes, etc., the safety of, or working condition of, or other information that may pertain to any products including, but not limited to: whether they are subject to any manufacturer or dealer recall; and

9. K. that WE do not control and do not know whether the product meets the criteria of the Buyer; and

9. L. understands and acknowledges that certain products may present special safety issues including, but not limited to; inks, dyes, pigments, paint, glazes, finishes, fixatives, preservatives, papers, etc., and other items, products & materials etc.; or environmental; or operational issues, that he or she is acquiring such products with full knowledge of these issues and related risks, and that WE bear no responsibility for any injuries, damages or other problems associated with the products purchased or sold through the OUR SITE; and

9. M. understands and agrees that any material submitted for customized printing is subject to our users agreement pertaining to content; and

9. N. understands and agrees that WE do NOT spell or grammar check materials submitted by the buyer and WE are NOT responsible for any typing, spelling or other errors on or in any and all materials submitted by the buyer; and

9. O. understands and agrees that any errors contained in the buyer’s purchase are solely the responsibility of the buyer and that, unless cancelled within 3 business days of purchase date such errors do not excuse the buyer’s obligation to consummate a transaction on the terms stated and/or agreed; and

9. P. understands and agrees that WE will forward, on behalf of the buyer, the buyer’s name, address and e-mail address to OUR suppliers for items shipped by third parties for all transactions involving shippable items.

10. SELLING: Other than, the items offered in the main STORE by US, there is NO selling permitted by other parties on the site. Other artists’ works may be considered for our main STORE by contact US directly to submit your application and for details and rates.

11. ADVERTISERS:

11. A. You must be a Registered User to advertise on OUR SITE. Advertisers registered by all the following:

11. A. 1. setting up an account online; and

11. A. 2. by submitting an Ad form; and

11. A. 3. by agreeing to this agreement online or by signing separate appropriate contracts and/or forms for advertising either on the site or off the site; and

11. A. 4. by paying the appropriate fees to US either online or by mailing payment to Acrey Art P.O. Box 2728 Elk Grove, CA 95759-2728.

11. B. WE will assign you an Advertisers number. You will use this number on all files you submit files and correspondence with US.

11. C. Advertisers on OUR SITE may choose to place an ad via Link Display/Banner ads, or by any added feature WE may provide. Advertisers are paying for an ad service. Unless otherwise stipulated in writing and signed by both parties, ads designed by US are OUR sole property.

11. D. Unless otherwise agreed in writing, Advertisers are on a month-to-month contract.

11. E. Charges are due in advance for the next month’s service.

11. F. You authorize US to charge your credit card at any time for all fees due from your use of OUR ad services. WE reserve the right to make debits and credits to the advertiser’s credit card account.

11. G. Late payments are subject to a 25% interest charge. By using this service, you agree to pay late fees if incurred.

11. H. No ad will be placed online without prior approval by US for content and without the agreed pre-payment.

11. I. WE ARE NOT A PARTY TO ANY OFFLINE SALES GENERATED BY ADVERTISEMENTS PLACED ON THE SITE.

11. J. Unless agreed elsewhere in writing by both parties, all web development for any advertising on OUR SITE is OUR sole property and the fees you pay are solely for the service, development, placement and maintenance of the advertising on the site.

12. REPRESENTATIONS OF THE ADVERTISER: Advertisers understand, represent and agree that he or she:

12. A. understands and will abide by the terms of this Agreement; and

12. B. will maintain the confidentiality of his or her user name or password; and

12. C. understands that any abuse of this system is grounds for fines and expulsion without refund; and

12. D. will not engage in any fraudulent, speculative or manipulative act or practice, including making offers to sell or buy in bad faith, false advertising or otherwise misuse OUR SITE or OUR services in any manner; and

12. E. the information provided to US for advertising is truthful to the best of your knowledge.

12. F. that the product advertised is merchantable, is lawful to sell, is not in a dangerous condition, and that he or she has not received any recall notice pertaining to the product; and

12. G. has sole good title to the product being advertised, that the product has not been stolen or acquired by improper or illegal means; and

12. H. will disclose any pertinent information about the product to the Buyer as required by law; and

12. I. that the description of the product in the offer to sell is accurate and truthful; and

12. J. acknowledges and agrees that WE serve solely as a provider of an advertising service.

13. GENERAL INFORMATION:

13. A. Closed Transaction: A closed transaction is one in which a buyer has completed the sale by charging the item to their credit card. The credit card funds have been transferred into OUR bank account from the buyer’s MasterCard, Visa account; the WE have shipped the item; the buyer has received and accepted the item.

13. B. Fees Chart and Payment Terms: Visit the PRICING section and FEES CHART for OUR SITE for OUR current Fee Chart and Payment Terms, which are incorporated herein by reference. Unless otherwise stated, all fees are quoted in U.S. dollars. The Fee Chart and Payment Terms may vary in the future. The Fee Chart and Payment Terms in effect on the date of purchase/sale is submitted shall govern the transaction. The Pricing and Fees Chart is posted on OUR SITE’S INFORMATION section PRICING page(s). You agree to check the current PRICING and Fees CHART and Payment Terms for current rates each time you submit an advertisement or purchase a product. You authorize US to charge your credit card at any time for all fees due because of using OUR services or purchasing OUR products. WE reserve the right to make applicable debits and credits to your credit card account.

13. C. Section Headings. The section titles of this Agreement are for convenience only and have no legal or contractual effect.

13. D. Disputes about our advertisers: Because WE only provide web space as an advertising platform for businesses, you agree that WE will not be a party to any litigation between participants related to or arising out of any transaction resulting from any offline sales made through contacts made on OUR SITE.

13. E. Indemnification. You agree to indemnify and hold US, and OUR affiliates, owner, directors, officers, employees and representatives, harmless from and against any loss, cost, claim, damages, liability and expense, including reasonable attorneys’ fees, arising out of or relating to (a) your violation of this Agreement, (c) any alleged wrongdoing on your part with respect to the purchase or sale of goods through OUR SITE or with respect to OUR services and (b) any fraud, manipulation, deception or misrepresentation by you (d) any injuries to third parties in any way connected with OUR services or the products purchased or sold through the OUR SITE.

13. F. Assignment. You may not assign this Agreement or any of your rights hereunder to a third person without first obtaining OUR express written consent.

13. G. General Compliance with Laws. You shall comply with all applicable laws, statutes, ordinances and regulations regarding your use of OUR SITE, OUR services, and/or your purchase of products, or your advertisement.

13. H. No Agency. You and WE are independent, and no agency, partnership, joint venture, employee-employer or franchisor-franchisee relationship is intended or created by this Agreement.

13. I. User Feedback, Comments and Other Submissions; Certain Licenses. All feedback, comments, suggestions, correspondences, ideas and other materials and content disclosed, submitted or offered to US or in connection with your use of the OUR SITE including, but not limited to, all intellectual property and proprietary rights therein and thereto; collectively, including material provided “Comments” and/or information sent through the use of the “Contact Us" page or any other correspondences; shall be the exclusive property of US and may be used or not used, in part or in whole with or without other elements by US or OUR designees in its sole discretion in any medium and for any purpose worldwide without obtaining your specific consent. The use of your provided material could be made on the OUR SITE, in radio, television and print advertisements. Your first name, the first initial of your last name and the town in which you live as identified in the provided material. Any comment you elect to submit might be used. WE are under no obligation to maintain your provided material in confidence, to pay to you any compensation or other consideration for any provided material, submitted or to respond to any of your provided material. You agree that you will be solely responsible for the content of any material you provide to US. Please note that you are not required to furnish material to us, and that if you do you are doing so voluntarily. Your provided material would not be false, misleading or defamatory. By entering into this Agreement, you also grant US a non-exclusive, world-wide, royalty-free, irrevocable right to exercise all rights over the provided material, including, but not limited to, without limitation rights of publicity and copyrights, or the information displayed or contained in your offer to buy or offer to sell, in any existing or future media, known or unknown, now or at any later date.

13. J. Copyright. You acknowledge that ALL content and other elements included on the OUR SITE and/or used in connection with the OUR SITE, including but not limited to; logos, art, images, icons, information, data, software, licensed software, text, graphics, music, photographs, graphs, video, typeface, sound, illustrations, designs and other material, are the property of OUR COMPANY and its content suppliers and is protected by copyright laws. The compilation; such as the collection, arrangement and assembly; of all content on OUR SITE is the exclusive property of OUR COMPANY or its content suppliers and is protected by copyright laws. The content, licensed software and software on the OUR SITE may be used only for purposes of buying or selling products as permitted by this Agreement. Any other use, including the reproduction, distribution, transmission, modification, republication, display or performance of the content on OUR SITE is strictly prohibited.

13. K. Trademarks.

13. K-1. The use of any name, trademark, service mark, trade-name, logo, symbol or other proprietary designation or marking of or belonging to any manufacturer or dealer of products available on OUR SITE should not be construed as an endorsement or sponsorship of OUR SITE by any such manufacturer or dealer, or the participation by any such manufacturer or dealer in the offering of goods or information through OUR SITE.

13. K-2. ITsCARDS.COM ™ AND ACREY ART™ ARE TRADEMARK NAMES. UNAUTHORIZED USE IS FORBIDDEN.
13. L. Privacy Policy: OUR Privacy Policy is posted on OUR SITE and is hereby incorporated his agreement.

13. M. Exclusion of Various Warranties OUR SERVICES AND INFORMATION, ALL PRODUCTS AVAILABLE THROUGH OUR SITE AND ALL THIRD-PARTY PROVIDER PROGRAMS ARE PROVIDED ON AN "AS IS" AND "AS AVAILABLE" BASIS. WE MAKE NO OTHER REPRESENTATIONS OR WARRANTIES OF ANY KIND, EXPRESS OR IMPLIED, INCLUDING WITHOUT LIMITATION, BUT NOT LIMITED TO:

13.M-1. WE MAKE NO WARRANTIES, AND EXPRESSLY DISCLAIM, THE IMPLIED WARRANTIES OF MERCHANTABILITY, FITNESS FOR A PARTICULAR PURPOSE, TITLE AND NON-INFRINGEMENT; AND

13.M-2. WE DO NOT WARRANT THAT THE PRODUCTS, DESCRIPTIONS, INFORMATION OR MATERIAL INCLUDED ON OUR SITE WILL BE AS REPRESENTED BY BUYERS, ADVERTISERS OR THIRD-PARTY PROVIDERS, THAT THE PRODUCTS WILL BE FREE OF DEFECTS OR LAWFUL TO SELL, THAT PRODUCTS PURCHASED OR SOLD WILL BE SATISFACTORY, OR THAT BUYERS, ADVERTISERS OR THIRD-PARTY PROVIDERS WILL PERFORM AS PROMISED; AND

13.M-3. WE MAKE NO WARRANTIES THAT OUR SITE OR SERVICES, OR THE PRODUCTS AVAILABLE THROUGH OUR SITE, WILL MEET YOUR REQUIREMENTS, WILL ALWAYS BE AVAILABLE, UNINTERRUPTED, ACCESSIBLE, TIMELY, SECURE, OR OPERATE WITHOUT ERROR. NOR DO WE MAKE ANY WARRANTY AS TO THE RESULTS THAT MAY BE OBTAINED FROM THE USE OF OUR SITE PRODUCTS OR SERVICE; AND

13. M-4. WE do not endorse, recommend or represent any product or service on other sites via the use of our Link AND OR Display link Ads, or via OFFLINE SALES OF PRODUCTS OR SERVICES OFFERED BY OUR ADVERTISERS OR VIA you CONTACTING ADVERTISERS DIRECTLY. WE ARE not responsible for advertisements, products, services or business practices of others, etc. on OUR SITE OR other sites through our ADS, PORTFOLIO’S AND links; AND

13. M-5. WE MAKE NO WARRANTY REGARDING THE PERFORMANCE OR NON-PERFORMANCE OF OUR SITE IN ANY WAY CONNECTED TO OR AS A CONSEQUENCE OF THE PASSAGE OF TIME TO THE YEAR 2000 and beyond; AND

13. M-6. WE EXPRESSLY DISCLAIMS ANY IMPLIED WARRANTY ARISING FROM COURSE OF DEALING OR USAGE OF TRADE; AND

13. M-7. WE EXPRESSLY DISCLAIM ANY OBLIGATION, LIABILITY OR REMEDY IN TORT, WHETHER OR NOT ARISING FROM ANY NEGLIGENCE OF US. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph N-3 below, do not permit the disclaimer of certain warranties, so the foregoing might not apply to you.

13. N. Limit of Liability:

13. N-1. Limited Liability with Respect to Products. UNDER NO CIRCUMSTANCES WILL WE OR OUR AFFILIATES, OWNER, OFFICERS, DIRECTORS, EMPLOYEES OR REPRESENTATIVES BE LIABLE FOR ANY DAMAGES OF ANY KIND INCLUDING, WITHOUT LIMITATION, DIRECT, INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES, ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM ANY PRODUCTS PURCHASED OR SOLD UTILIZING OUR SITE OR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE.
13. M-2. Limited Liability for OUR Services and Site. UNDER NO CIRCUMSTANCES WILL WE BE LIABLE FOR ANY INDIRECT, INCIDENTAL, CONSEQUENTIAL, PUNITIVE OR EXEMPLARY DAMAGES ARISING OUT OF, IN CONNECTION WITH OR RESULTING FROM THIS AGREEMENT, OUR SITE OR OUR SERVICES, WHETHER BASED IN CONTRACT, TORT OR OTHERWISE. OUR LIABILITY TO YOU OR ANY THIRD PARTY IN ANY CIRCUMSTANCE IS LIMITED AND MAY NOT EXCEED THE FEE CHARGED TO THE REGISTERED USER BY US IN CONNECTION WITH A PARTICULAR TRANSACTION GIVING RISE TO LIABILITY OR, IF THE CLAIM DOES NOT RELATE TO A SPECIFIC TRANSACTION, $10.00.

13. N-3. Caveat. Some states, to the extent their law might be deemed to apply notwithstanding the express provisions of paragraph 13.O below, do not allow the limitation of liability, so the foregoing limitations might not apply to you.

13. O. Governing Law: OUR SITE is operated by Acrey Art, a business formed under the laws of the State of California. Those who choose to access the OUR SITE, or utilize OUR services, do so by their own initiative with the knowledge that they are doing business with a California business. This Agreement, and all aspects of the relationship and dealings between you and US, shall be governed by the laws of the State of California without regard to its conflict of law provisions, i.e., as it is applied to agreements, relationships or dealings entered into and performed entirely within the State of California. If you are unwilling to have California law applied, do not use OUR SITE. If any provision of this Agreement shall be unlawful, void or for any reason unenforceable, then that provision shall be deemed severing and shall not affect the validity and enforceability of any remaining provisions.

13. P. WE will provide its best efforts on behalf of all advertisers to provide a fully functional online website. WE ARE nEITHER responsible, nor liable for any offline nor lost revenues from downtime created by connectivity problems beyond OUR control.

13. Q. Complete Agreement. This Agreement, and the materials expressly incorporated herein by reference, constitutes the full and complete agreement between you and US. You and WE have not relied upon any representations, promises, statements or undertaking other than those set forth herein. Modifications to this agreement must be in writing. No oral modifications to this Agreement are permitted or valid.

13. R. Jurisdiction. Any lawsuit arising between you and US pertaining to this Agreement, OUR SITE or OUR services shall be brought exclusively in either the state or federal courts of the State of California and in the County of Sacramento. You and WE expressly consent to the exclusive personal jurisdiction of such courts.

13. S. Termination: In its sole discretion, WE may terminate this Agreement, your membership registration, access to OUR SITE or OUR services and products or any of your offers to buy, or your advertisements, immediately and without notice for any reason. All decisions by US are final and with no recourse.

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Contact info: Acrey Art, P.O. Box 2728 Elk Grove, CA 95759-2728 916-685-1312 office@itscards.com